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Q: Fiance is a working Canadian; I am a retired US citizen. ( Answered,   1 Comment )
Question  
Subject: Fiance is a working Canadian; I am a retired US citizen.
Category: Relationships and Society > Law
Asked by: peggypoo-ga
List Price: $100.00
Posted: 05 Feb 2005 11:20 PST
Expires: 07 Mar 2005 11:20 PST
Question ID: 469519
My fiancee is 50 years old and a Canadian citizen who intends to work
another 10 years or so.  I am a retired HS teacher and do not intend
to work.  I do not want to "immigrate" to Canada ... merely live here
with my husband.  Is this possible?  I carry full health insurance
with my retirement package and my retirement is $40,000+/year.  I do
not have large savings, but I do have a fairly good retirement income
that is guaranteed.  I have a large family (5 brothers, one sister,
in-laws, nieces, nephews, great-niece, great-nephews, etc.) who live
in the US and with whom I will be visiting on a fairly regular basis.

I know I can "visit" Canada for six months without a visa ... how long
do I have to stay in the US after a six month stay in Canada?  Can I
go back for a week and then "visit" again for another six months?  I
will keep a mailing address in the US at my sister's home for taxes,
etc.
Answer  
Subject: Re: Fiance is a working Canadian; I am a retired US citizen.
Answered By: hummer-ga on 06 Feb 2005 08:41 PST
 
Hi peggypoo,

"...how long do I have to stay in the US after a six month stay in Canada?"

Long enough to fill up your tank with gas  8-)

"Yes, you may leave Canada, turn around and re-enter..."
http://groups.google.ca/groups?hl=en&lr=&threadm=NQ3V6.4415%24rD3.990715%40news.total.net&rnum=5&prev=/groups%3Fnum%3D100%26hl%3Den%26lr%3D%26q%3Dretire%2Bin%2Bcanada%2Bsix%2Bmonths%26btnG%3DSearch

Persons who do not require a visa to visit Canada include: United States:
http://www.cic.gc.ca/english/applications/guides/5256EA.html#wp86017

"Americans who own vacation property in Ontario must maintain a
permanent residence in the United States and stay in Canada only for
up to six months at a time."
http://www.freep.com/news/mich/cott26_20000826.htm

>>>>>>

"Can I go back for a week and then "visit" again for another six months?"

Peggypoo, it will come down to a matter of the "intent" of your
"visit". Entry into Canada is always at the discretion of the border
official and I would think that at some point, the official would rule
that your "intent" is to really have your home in Canada with your
husband and consequently you would be refused entry to Canada as a
visitor.

"Immigrant intent. All visitors to Canada are presumed to be
immigrants. The burden is on the applicant for admission to convince
the visa officer or immigration official that he intends to leave
Canada when the visit is over. This is seldom an issue with U.S.
citizens, unless the person indicates an intent to marry a Canadian or
otherwise expresses an intent to remain in Canada... To get by this
barrier, you need to provide proof of strong ties to your home
country, such as employment, a home or apartment, and other family and
social ties. You should also have proof of a definite purpose for your
visit to Canada, and proof of your ability to return including a
round-trip ticket."
http://www.allhod.com/tourists.shtml

"Yes, you may leave Canada, turn around and re-enter but note that on
subsequent attempts to enter you will be asked more and more questions
- one beautiful day you may be told that you can stay for just few
days, instead of desired six months. So, playing the exit re-entry
game may be rather risky, although those Americans who own homes in
Canada and really stay here for not longer than 6 months in a year
have no problems. It is all about intentions and perceptions, exactly
like with Canadians having their second homes in US - as long as stay
in US is temporary and permanent residence maintained in Canada there
is no problem for them entering US for up to 6 months at a time, but
if they are trying to really live in US on more permanent basis then
INS starts making troubles. Same situation may be expected by
Americans trying to turn their temporary visit in Canada into
something more permanent without going through the proper immigration
process."
http://groups.google.ca/groups?hl=en&lr=&threadm=NQ3V6.4415%24rD3.990715%40news.total.net&rnum=5&prev=/groups%3Fnum%3D100%26hl%3Den%26lr%3D%26q%3Dretire%2Bin%2Bcanada%2Bsix%2Bmonths%26btnG%3DSearc

"I do not want to "immigrate" to Canada ... merely live here with my
husband.  Is this possible? "

As indicated above, it may be possible for awhile, but sooner or
later, it will catch up with you.  I can't help but wonder why you
would want to impose such stress and restraints on yourself.  There
are many advantages to becoming a permanent resident, as you would
have most of the rights that Canadian citizens have under the Canadian
Charter of Rights and Freedoms (except run for political office or
vote) and that includes Canada's health care system. You would be
eligible to apply for Canadian Citizenship eventually (it's not
mandatory) but it is not necessary to give up your US citizenship -
you will find many people who have "dual citizenship", enjoying the
best of both worlds.

Additional Links of Interest: 

"Please note that taking Canadian permanent residency (or even a
citizenship later) will not cancel or force you to relinquish your US
citizenship."
http://groups.google.ca/groups?hl=en&lr=&threadm=NQ3V6.4415%24rD3.990715%40news.total.net&rnum=5&prev=/groups%3Fnum%3D100%26hl%3Den%26lr%3D%26q%3Dretire%2Bin%2Bcanada%2Bsix%2Bmonths%26btnG%3DSearch

"If you wish to become a permanent resident of Canada, your relative
or family member in Canada must first apply to sponsor you."
http://www.cic.gc.ca/english/sponsor/index.html

"The Permanent Resident Card (PR Card) is a new, wallet-sized, plastic
card. People who have completed the Canadian immigration process and
have obtained permanent resident status, but are not Canadian citizens
can apply for the Card."
http://www.cic.gc.ca/english/pr-card/index.html

Residency Obligations for Permanent Residents:
http://www.cic.gc.ca/english/newcomer/res-oblig.html

Applying for Permanent Residence from Within Canada Spouse or
Common-Law Partner In Canada Class:
http://www.cic.gc.ca/english/applications/guides/5289ETOC.html

Sponsoring a Relative or Family Member to Come to Canada:
http://www.cic.gc.ca/english/sponsor/out.html

Application for Permanent Residence in Canada ? Spouse or Common-law Partner:
http://www.cic.gc.ca/english/applications/spouse.html

In-Canada Application for Permanent Residence:
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5002E.PDF

I hope I've been able to help to sort this out for you. If you have
any questions or if I've misunderstood your question, please post a
clarification request *before* closing/rating my answer and I'll be
happy to reply.

Thank you,
hummer

I've been able to use my extensive research on the subject and search
the Citizenship and Immigration Canada website, but I also know the
subject from personal experience.
Comments  
Subject: Re: Fiance is a working Canadian; I am a retired US citizen.
From: entercanada-ga on 18 Feb 2005 10:29 PST
 
One word of caution -- you may become liable for Canadian income tax
if you remain past 6 months as you will be a deemed resident (even if
you do not go through the process of canada immigration).

G Panusa
www.entercanada.ca

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